TX TX - Emily Garcia, 15, pregnant, Canyon Lake, 12 Feb 1993

Good point on #1! That seems like a plausible scenario.

On #2, I'm not sure any doctors 20 years were diagnosing a baby's sex at the 3-month mark....maybe at 5 months, but I don't think 3. (I do have a bad memory, so someone correct me if I'm wrong!).

Oh yeah.. I forgot.. 1993...

Hmmm.. then I guess it had to have been the autopsy that did it.

I can really see Emily saying to her mother she "knew" it was a boy. So, nothing ever happened to contradict Emily's intuition, it has (with her family) changed to "Emily knew she would have a boy so we named him Emilio". Maybe people in her family happen to be good at guessing if their babies will be boys are girls.. so, they just expected (in 1993) her guess was probably right.
 
A friend of mine once worked in some kind of facility that had kids in trouble (teens). There weren't that many of them.. less than 10. Boys and girls were separate most of the time. There were only a few activities they ever did together. One was a very, very short break outside to smoke (since they all smoked).

Well, once she caught two of them having sex! She could barely believe they even knew one another let alone had time to have sex. They were outside with the other kids.. they just went off to a corner and bam! They were still mostly fully dressed.

She had to deal with another kid for a couple of minutes (probably a planned diversion) and this is why she caught them in the act rather than catching them before they did it.

I don't know if this compares to any place Emily was in.. but weird things happen sometimes. My friend felt like those two kids were just determined to try it.. they didn't complete it, so it's a little different. But, again, it was a really small facility.
 
I'm working on condensing the information on the family's website page by page, pinning down dates and pertinent info, etc. It's a long process and I'm only on page 5 out of over 100. It's the page that is "part 1" regarding the autopsy report.

Right now, the info that is concerning me the most is in the bolded paragraph near the bottom of this post and is a quote from Emily's website.

On page 5, the family says there are a lot of mistakes in the autopsy report and there are things that don't make sense. The way I'm interpreting what they're saying is that they believe Emily was held captive for nearly two weeks, but the officials don't think that's the case. IMO, she was held captive. She lost approximately 12 - 15 lbs during that time, her underarms were not shaved, etc. Things that indicate she could not take care of herself, wasn't fed, etc.

Emily was only 4 feet 10 inches tall, but her body was found with nearly 5 yards of rope wrapped around it. I'm think the authorities are telling family that all this rope was used just to strangle Emily, causing her death, but the family thinks it was likely for restraint purposes.

There were two ligature marks on her body. (Is this independent of the ropes found on her body? I'm confused on this detail.) The family believes these marks show she was held captive and possibly drugged for the 13 days before she was murdered. They can not get an explanation from authorities regarding this.

The family believe that the ligatures prove that Emily was tied around both feet, then up her back and her arms tied behind her and then on up to the neck causing the strangulation, also considering the possibility that she was tied like that to make her strangle herself if she started fighting and moving.

Her fingernails were intact with no foreign material found under them. The toxicology report showed "No Drugs " in her system.

Death was due to ligature strangulation associated with sexual assault.

The family believes she would have fought hard enough to possibly damage her nails or get foreign material under them, unless she was completely incapacitated.

How was she "not drugged", had "no defensive wounds", and "had no foreign material under her nails", yet was still sexually assaulted, apparently without a fight?

The autopsy report states blunt trauma to her head as if someone had hit her hard enough to knock her unconscious.

Detective Ward told the family that he did Not believe that Emily had been held captive, but he also won't tell them when or who he thinks saw Emily last. He told the family that "Only he and the killer knew what had happened to Emily", but if that was the truth, why is he trying to protect a killer?

What the heck is with this guy? Why would he tell the family something like this? Only he and the killer know what happened to Emily? The ME doesn't know? No other cops investigating this case know? No accomplices know? Just this one guy and the killer? Bizarre statement, imo.


http://theresayeary.tripod.com/id71.html
 
<snip> Detective Ward told the family that he did Not believe that Emily had been held captive, but he also won't tell them when or who he thinks saw Emily last. He told the family that "Only he and the killer knew what had happened to Emily", but if that was the truth, why is he trying to protect a killer?

What the heck is with this guy? Why would he tell the family something like this? Only he and the killer know what happened to Emily? The ME doesn't know? No other cops investigating this case know? No accomplices know? Just this one guy and the killer? Bizarre statement, imo.


http://theresayeary.tripod.com/id71.html

I think I would be sharing that with the FBI - especially if I were a family member.
 
My first thought, like others here, was what kind of friends did Emily really have? Emily goes missing and everyone clams up or disappears.

I don't think that everyone clamed up and disappeared. The mother was saying it seemed that way, but it probably had more to do with the demographics of her friends.

If she was a girl who was getting into trouble (as evidenced by the juvie/probation) then she most likely was hanging out with an older set of kids/young adults, such as 17-23, in that range. That is a very mobile population who are just starting out in independent life. They move around a lot, and share residence a lot, meaning it can be hard to find them if you don't know where to look. They could be moving from their parents house, to a basement, to a shared apartment, to a commune etc etc in rapid succession. Many would move out of town or out of state to find work.

Also, remember that she had been under judicial supervision for quite some time, which would have separated her from her usual friends for an extended period. Six months to a year is an eternity for a teenager. She disappeared shortly after coming out of supervision, so it is little wonder that most of her friends had already moved on with their lives and did not know anything about what she was doing in those few weeks. So when the mother asked, they could not tell her anything.

Lastly, a girl like that, will have two sets of friends, the ones the parents know about, and the ones they don't. Obviously the less savory or much older ones are not going to be brought home and introduced to mom. Plus, she no doubt made new friends while under judicial supervision, again people the mother would have no idea about.
 
Page 6 of the website has more info regarding the autopsy.

Dr. Bayardo was helpful to the family until they asked about Emily's baby. He told them that it was Texas law to keep the fetus for a year, then dispose of it if the family didn't claim it.

They couldn't believe this was true, so looked through law books and spoke to several lawyers. They never found evidence that this was the law.

They asked if DNA had been kept from the fetus and were told that's only done if the police ask for it.

So they have a murdered, pregnant teenager. The ME keeps the fetus in a jar for a year, but doesn't do any tests on it. The mother is not identified, so he has the baby disposed as medical waste. There are no records showing that the fetus had been saved for a year or that he'd been cremated. Apparently this info was given to the family by Dr. Bayardo when they met with him personally.

What about scrapings under Emily's nails? Again, they are told that the police didn't ask for that.

I thought that was routine in an autopsy regarding a murder victim? No? So is that why her autopsy report says there was no foreign material under her nails? They just didn't even bother to check?

http://theresayeary.tripod.com/id72.html
 
@Tracy, you bring up some powerful questions. Perhaps the law enforcement in that area/this case wasn't that sophisticated, or perhaps a variety of normal procedures weren't followed....or perhaps they chose not to document forensic evidence. We don't know.

One thing I love about this forum is that it provides families the ability to bring the memories of their deceased loved ones back to life. It doesn't matter how long ago or how cold these cases are. We know someone knows what happened to Emily, and I know their lives have been ruined by this knowledge and their silence. I have seen SO many guests on this thread, and I can't help but think that at least one of them keeps coming here because their soul is weighted down with this knowledge. Like Emily, maybe they were very young at the time of her murder, and just didn't know what to do. Maybe they have pushed this way back in the recesses of their mind....but it keeps creeping forward.

I truly pray that even after all these years that law enforcement will get an anonymous tip that will finally let Emily rest in peace...and give peace to those who know what happened.

Can someone please post the appropriate anonymous tip line for this case? Let's give those who know... the chance to do what's right. I'm praying for them.
God Bless.
 
Just found this from her Aunt's site:

please contact:
Comal County Sheriff's Office
Criminal Investigations Dept.
Det. Sgt. Tommy Ward
Phone # 830-620-3400
soatgw@co.comal.tx.us
Case#93-00164
Or
Texas Rangers Unsolved Crimes Team
Sgt. Trampas Gooding
Phone # 830-303-4189
contact@texasrangers.org
% Trampas Gooding
or
Emily's Family
Sheila Smith-Ramrez--Emily's Mother
auntiesunshine@myway.com
sunshinesheila9@gmail.com
210-425-5536
Theresa Yeary-Dontrich--Emily's Aunt
tyeary53@yahoo.com
tdontrich@gmail.com
573-762-2327
Elizabeth Garcia-Emily's Sister
omegashaman@gmail.com
210-303-6379
Jake Garcia-Emily's Nephew
omegashaman@gmail.com
Also to read more on Emily Garcia and her life and murder, you may go to her main web site at:
http://theresayeary.com/
 
i fail to see the point in running her father down so much on the her mothers website , i can imagine what this girl had to listen to growing up , running someone down doesn't actually make you look better , my heart goes out to Emily she really had the odds stacked against her ..imo
 
I can see the family have worked hard on the website but it really needs stripping back its all gone a bit bizzare..im struggling with it
 
I also would be more inclined to believe that someone either misheard or mis pronounced
Only he and the killer knew what happened. ..
To
Only she and the killer knew what happened
In lots of anger. Sadness. Fustration . There seeing the bad in everyone because there reaching dead ends .

Its all so messed up
 
'her friends don't remember her'??????????? (these ? stand in for a word i am thinking which i don't think i can say except it begins with 'bull' and indicates my disbelief.)

too many people keeping secrets, that is so sad.

This is EXACTLY what I thought. "her friends don't remember her" NOBODY remembers their FRIEND GOING MISSING AND BEING MURDERED? REALLY? How does someone forget that? I understand that she clearly ran with a rough crowd, being in and out of juvie, but wow. Not ONE friend remembers her?

Something stinks there.
 
Does anyone remember what year the federal law went into effect that requires authorities to take a missing person's report on minors, and no longer allows them to enforce a waiting period?

I thought for sure the law was enacted in or had taken effect by 93, and that police HAD to take a missing person's report, but not necessarily actively search for the missing person.

According to wikipedia (I need to look for a better source), it says it was enacted in 1990. QUOTE:

The National Child Search Assistance Act of 1990 (NCSA) (42 U.S.C. 5779 (Reporting Requirement) and 42 U.S.C. 5780 (State Requirements): The NCSA requires local, state and federal law enforcement agencies to immediately enter information about abducted children into the National Crime Information Center (NCIC) database without requiring a waiting period.

National Child Search Assistance Act - Wikipedia, the free encyclopedia

If my memory is correct, when Emily went missing, the local police were required by federal law to at least take the missing persons report, and possibly even enter the info into NCIC within a certain amount of time. I thought it was within 24 hours. (According to wiki, the law has been amended and that time period has been reduced.)

If this was the law in 93, didn't the police break a federal law when they basically told Emily's mom that already had too many missing persons cases to be bothered with taking the report? Is that phrase "abducted children" actually in the law? Does it give them a loophole to get out of taking the report because it doesn't say "missing children"? At the time, Emily's mother only knew that she was missing and didn't know that she had actually been abducted.
https://www.govtrack.us/congress/bills/101/hr4407 <<another source.
 
This is EXACTLY what I thought. "her friends don't remember her" NOBODY remembers their FRIEND GOING MISSING AND BEING MURDERED? REALLY? How does someone forget that? I understand that she clearly ran with a rough crowd, being in and out of juvie, but wow. Not ONE friend remembers her?

Something stinks there.

but it doesnt say that.. its been written as if it does..

it says 'it was like they didnt know her'

as in.. mom called friends asking where she was..they didnt know.she said 'well shes missing' and there saying sorry dont know where she is.
shes put the phone down and thought '
my daughters missing and non of her friends are interested its as if they dont even know her'


its the way the whole website has been written,
 
More info regarding Detective Sargent Tommy Ward:

(I condensed and paraphrased some info below)

Crime Stoppers had offered a reward for anyone who could help identify the Jane Doe, but once they found out that it was Emily Garcia, they no longer offered the reward.

Family was told that this was due to Det. Sgt. Tommy Ward (who has been the investigating officer for the past several years) not allowing them to offer the reward.

Whenever the family has questions it keeps going back to the fact that Det. Sgt. Ward refused to let anyone else work on this case.

Several professionals that the family have contacted over the years have been willing to help with Emily's case, only to be told "no" by Det. Sgt. Ward.

Emily 's case hasn't been placed in the Cold Case files, even though it has been over 19 years since her murder and it's still unsolved. This would be helpful because once a case is placed in the Cold Case files, anyone can work on it and they don't have to have permission from the investigating officer (Det. Sgt. Tommy Ward).

The reason that Emily's case hasn't been placed in Cold Case files is because Det. Sgt. Tommy Ward will not allow it.

http://theresayeary.tripod.com/id34.html Page 10
 
The list of Emily's friends that she left for her mother in case of an emergency. The family's website has full info. I'm using initials and deleting addresses and phone numbers.

DG (female)
Also known as Thumper
Not home when Sheila called, left message, call not returned.

JW (female)
Went to Alamo Heights School
Sheila talked with her, but JWsaid she hadn't seen Emily and didn't know anything.

Rocky J's
Local teen hangout where Emily liked to go.
Nacogdoches Street
San Antonio, TX
Phone # 210-653-0261
Sheila talked with a guy named Dave who said he hadn't seen Emily and didn't know anything.

S (male)
Sheila talked with him, but he hadn't seen Emily and didn't know anything.

RR (male)
Sheila called, but he wasn't home and she never could reach him.

C (male)
Was at work when Sheila called and he never returned her call.

BW (male)
Out of town when Sheila called and never returned her call.

M (male)
Also known as Fat Mike
At work when Sheila called and never returned her call.

PB (M?F?)
Sheila left message, but never returned her call.

J (male)
One number had been changed to unlisted number the other number had been disconnected.

S (male)
Sheila talked with him, but hadn't seen Emily and didn't know anything.

Father F
Councelor For Teens
Sheila talked with him, but he hadn't seen Emily and didn't know anything.

Whitestone
Place for troubled teens to call and talk with someone.
Sheila talked with them, but they hadn't seen or heard from Emily.

The Bridge
Place for teens who needed help to call or come by and talk with someone.
Sheila talked to them, but they hadn't seen or heard from Emily.

B (M?F?)
Sheila called several times, but never could reach anyone.

MAUC
Juvenile Detention For Teens where Emily had been placed at one time.
Sheila talked with them, but they refused to tell her anything saying all records are "Sealed".

SM (M?F?)

RS (male)
This was the man that Emily was found with the first time she ran away and once Sheila talked with him and he found out how young Emily was, he sent her home.

C (M?F?)
Emily, C, L, and H had all went to L's mothers home in another city and this is where Emily was found the second time that she ran away.

AP (female)
Sheila talked with her, but she hadn't seen Emily and didn't know anything.

MO (female)
Sheila never could get in touch with her.

P (male)
Sheila never could reach him.

SR (female)
Sheila called but number had been changed to an unlisted one.

VSR (female)
Emily babysat for this lady's child.
Sheila never could find her to talk with her.

J (male) (also known as White James)
J, J, J, R, & JH all lived at same apartments and live together
Were friends of Emily's that she sometimes visited, but Sheila was never able to talk with them.

MB (male)
Lived at the same apartments

J (male) (also known as Light Black James)
Not married, but had a girlfriend and a baby girl.

AE (female)
Dated Emily's friend J
Sheila never could reach her.

J (male)
Brother to J (also known as White James)
Sheila was never able to talk with him.

TR (male) (also known as Pretty Boy)
Was in the Bexar County Jail in January of 1993
Emily had been writing to him for quite some time. Good friend of hers. Sheila still has letters that he and Emily had exchanged.
Sheila never was able to talk with him.

The following names are friends of Emily's who are in different gangs in San Antonio, TX at the time of Emily's disappearance.

RP
Member of the gang Latin Kings-Friend of Emily's

R
Member of the gang Latin Kings-Friend of Emily's

M
Member of the gang Latin Kings-Friend of Emily's

DF
Member of the gang The Bloods-Friend of Emily's

A (also known as Ace)
Member of the gang Latin Kings-Friend of Emily's

J (also known as Dark Black James)
Member of the gang 357 Crips-Friend of Emily's

GG (also known as Shotgun)
Member of the gang 357 Crips
Emily said that this was the father of the baby she was carrying at the time she was murdered.

JC
Member of the gang The Bloods-Friend of Emily's

MW (also known as Rome)
Not sure how Emily knew him.

JY (also known as El Chico)
Married man that Emily had been seeing at one time.

J
Member of the gang Latin Kings
Sheila was never able to get in touch with him.

D (also known as Sonya Syll)
Related to VSR who lived at the same apartments.
In the Air Force and stationed at Lackland.
Was a gang member or involved with the gangs and went to the gang meetings.

JG AKA Shakey
Gang Member in 1993

http://theresayeary.tripod.com/id33.html Page 11
 
Wow, that's one heck of an emergency contacts list, Tracy!

It seems rather odd to me that a teen with runaway and juvey history would provide her mother with a list of friends to contact in an emergency. Maybe I'm reading too much into it, though.

It does stand out to me that she had friends listed in three separate street gangs- the bloods, the latin kings and the crips. Bloods and latin kings are both in the 'people nation' affiliation, meaning they generally get along with each other okay...but the crips are a 'folk nation' gang, the rival affiliation to the people nation. Members of the bloods or latin kings probably wouldn't mind her hanging out with the other; but they wouldn't take too kindly to her hanging out with members of the crips; nor would crips members wanting her hanging with bloods or LK. It seems really odd to me, because these gangs would have their neighborhoods, for her to hang out in three separate, distinct neighborhoods just seems weird. Maybe I'm reading too much into it, though...

Also wanted to comment on the Chief ME, Dr Robert Bayardo. Tried to find out some info on him, but the only thing I found of any significance was the he retired in 2006 as part of a mass exodus of the Travis County ME's office after numerous corruption/incompetence inquiries were made...like the case in which Dr Bayardo identified charred remains as those of a 23-year-old man from "small parts of his penis" and "contents of his bladder", and they were later found to be those of an exhumed 81-year-old woman; or the case where Dr Bayardo determined the cause of death to be cirrhosis of the liver caused from consumption of alcohol, only to learn from the family the deceased was a non-drinker, in which case he changed his findings to cirrhosis caused by Hepatitis C and the alcohol found in the body was a result of decomposition.

Dr Bayardo was certainly no stranger to professional controversy.
 

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